Gradford v. McDougall et al

Filing 88

ORDER Giving Full Effect to ]87] Stipulation to Dismiss Case, With Prejudice, Under Rule 87 and ORDER VACATING TRIAL signed by Magistrate Judge Gary S. Austin on 5/8/2019. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. GRADFORD,

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Plaintiff,

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1:17-cv-00201-DAD-GSA-PC
ORDER GIVING FULL EFFECT TO
STIPULATION TO DISMISS CASE,
WITH PREJUDICE, UNDER RULE 41
(ECF No. 87.)

v.
DEPUTY TIEXIERA and DEPUTY
McCARTHY,
Defendants.

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ORDER VACATING TRIAL
VACATED
Jury Trial:

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June 25, 2019 at 8:30 a.m.
in Courtroom 5 (DAD)

ORDER FOR CLERK TO CLOSE CASE

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William J. Gradford (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. This action now proceeds with

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Plaintiff’s initial Complaint, filed on February 13, 2017, against defendants Deputy Tiexiera

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and Deputy McCarthy (“Defendants”) for retaliation in violation of the First Amendment.

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(ECF No. 1.) This case is scheduled for trial on June 25, 2019, at 8:30 a.m., before the

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Honorable Dale A. Drozd.

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On May 7, 2019, a stipulation for voluntary dismissal with prejudice was filed with the

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court, containing the signatures of Plaintiff and Counsel for Defendants Tiexiera and

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McCarthy.

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dismissed with prejudice. All parties shall bear their own fees and costs.” (Id.)

(ECF No. 87.)

The stipulation states, “The parties stipulate this matter be

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows plaintiffs to “dismiss an action

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without a court order by filing a stipulation of dismissal signed by all parties who have

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appeared.” The stipulation filed on May 7, 2019, is signed by all parties who have appeared in

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this action. Therefore, the parties’ stipulation is given full force and effect, and this case is

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dismissed with prejudice under Rule 41(a)(1)(A)(ii). The trial for this case shall be vacated,

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and the Clerk shall be directed to close the case.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The parties’ stipulation for voluntary dismissal of this action with prejudice is
effective as of the date it was filed;

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The trial for this case, scheduled for June 25, 2019 at 8:30 a.m. before the

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Honorable Dale A. Drozd in courtroom #5 at the United States District Court in

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Fresno, California, is VACATED from the court’s calendar;

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3.

This case is DISMISSED WITH PREJUDICE under Rule 41; and

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4.

The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

May 8, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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